Contract and Related Obligation: Theory, Doctrine, and Practice

by Summers

• ISBN13: 9780314249951
• ISBN10: 0314249958
• Edition: 4th
• Format: Hardcover
• Copyright: 2000-12-01
• Publisher: West Group

Summary

This book includes many important old and famous cases as well as many more recent opinions that facilitate comprehension of leading rules and principles. Authors also introduce contract theory. Carefully selected excerpts invite students to think beyond nuts and bolts, yet are neither too long nor too difficult for beginning students. Work also introduces and develops the concept of multidimensional theories of obligation in the contract field, explores close relationships between theory and remedy, analyzes divergent approaches to policing agreements, and systematically addresses various approaches to termination of contract obligation. This Summers and Hillman text is an exceptional teaching tool.

Table of Contents

Preface to Fourth Edition	v
Preface to Third Edition	vii
Preface to Second Edition	ix
Preface to First Edition	xi
General Acknowledgments to Fourth Edition	xv
Personal Acknowledgments to Fourth Edition	xxi
Personal Acknowledgments to Third Edition	xxiii
Personal Acknowledgments to Second Edition	xxv
Personal Acknowledgments to First Edition	xxvii
Table of Cases	xlix
PART ONE: FOUNDATIONS OF CONTRACT AND RELATED OBLIGATION
Introduction	2	(41)
Contract and Related Obligation	3	(26)
Major Social Resources That Facilitate Agreements and Their Performance	29	(4)
General Theories of Obligation and Remedies---An Introduction	33	(10)
General Theories of Obligation	43	(162)
Theories of Obligation and Their Relevance to the Lawyer's Role	43	(2)
Obligation Arising From an Agreement With Consideration---The Leading Theory	45	(36)
Obligation Arising From Justified Reliance---Promissory Estoppel	81	(31)
Obligation Arising From Unjust Enrichment	112	(32)
Obligation Arising From Promises for Benefit Received	144	(13)
Obligation Arising From Tort	157	(14)
Obligation Arising Solely From Form	171	(2)
Obligation Arising From a Statutory Warranty	173	(12)
The Statute of Frauds	185	(20)
Remedies	205	(153)
Remedies and the Role of Lawyers	205	(1)
Remedial Theory---Some Fundamentals	206	(3)
Expectancy Damages for Breach of an Agreement with Consideration---The Rule, Its Rationales, and Its Application in Various Contexts	209	(36)
Availability of Lost Expectancy Damages---Qualifications and Limits	245	(34)
Reimbursement of Reliance Costs as an Alternative Remedy Where There is a Breach of an Agreement with Consideration	279	(14)
Validity of Clauses Providing for a Specific Monetary Remedy in the Event of Breach or Repudiation of an Agreement with Consideration	293	(14)
Monetary Remedies Where the Theory of Obligation is Promissory Estoppel	307	(11)
Restitutionary Relief and Theories of Obligation	318	(18)
Specific Performance	336	(15)
Alternative Dispute Resolution: An Introduction	351	(7)
PART TWO: THE AGREEMENT PROCESS
Agreements and Promises	358	(180)
The Agreement Process and the Role of Lawyers	358	(1)
Planning and Drafting	358	(17)
The Limits of Planning	375	(3)
The Nature of Assent	378	(25)
The Offer	403	(14)
The Acceptance	417	(12)
Duration of Offers	429	(48)
Bargaining at a Distance	477	(8)
Non-Judicial Administration of Contract Law	485	(6)
Agreements to Agree and Related Matters	491	(19)
Limits on the Scope of Traditional Offer-Acceptance Analysis---A Summary	510	(2)
Introduction to Contract Formation in the Form Contract Setting	512	(26)
Policing Agreements and Promises	538	(124)
Policing Doctrines and the Role of Lawyers	538	(4)
Duress	542	(8)
Misrepresentation, Concealment, and the Duty to Disclose	550	(18)
Public Policy	568	(13)
Inequality of the Exchange	581	(8)
Unconscionability	589	(26)
Policing the Standard Form Contract	615	(20)
Some Additional Policing Doctrines	635	(2)
Policing Contract Modifications	637	(25)
PART THREE: THE PERFORMANCE PROCESS
Substantive Content of the Duty to Perform	662	(99)
The Performance Stage and the Role of Lawyers	662	(1)
Contract Terms and Parol Evidence Rules	663	(41)
General Principles of Interpretation	704	(25)
Gap Fillers	729	(11)
Good Faith	740	(21)
Conditional Nature of the Duty to Perform, and Permissible Responses to Failure of Condition and Breach of Duty	761	(121)
Conditions and the Role of Lawyers	761	(3)
Specific Uses of Express Conditions and Their Operation and Effect	764	(15)
Interpretation of Contract Language to Determine if it Creates and Express Condition	779	(6)
Interpretation of the Content of Express Conditions	785	(10)
Excuse and Avoidance of Express Conditions	795	(10)
The Overriding of Express Conditions to Prevent Forfeiture	805	(11)
Express Conditions and the Law of Pleading and Procedure	816	(1)
Implied Conditions Fixing the Order of Performance	817	(10)
Implied Conditions Fixing the Quality of Performance	827	(26)
Express and Implied Conditions---Some Comparisons	853	(2)
Conditions and Article 2 of the Uniform Commercial Code	855	(9)
Anticipatory Repudiation and Prospective Inability to Perform	864	(18)
PART FOUR: THE CESSATION PROCESS
Grounds of Rightful Cessation	882	(76)
Cessation and the Role of Lawyers	882	(2)
Invalidity and Related Defenses---A Brief Retrospect	884	(1)
Mutual Mistake	884	(25)
Unilateral Mistake	909	(7)
Impossibility of Performance	916	(9)
Impracticability of Performance	925	(19)
Frustration of Purpose	944	(13)
Failure of Condition, Material Breach, and the Like---A Brief Retrospect	957	(1)
Cessation, Theories of Obligation, and Remedies	958	(28)
Remedial Implications of Cessation and the Role of Lawyers	958	(1)
Remedies in Cases of Invalidity---A Brief Retrospect	959	(1)
Remedies In Cases of Mistake, Impossibility, Impracticability, and Frustration---The Approaches in the Cases	959	(7)
Remedies in Cases of Mistake, Impossibility, Impracticability, and Frustration---The Approach of the Restatement (Second) of Contracts	966	(6)
The Remedy of Judicial Reformation---Availability and Limits	972	(11)
Remedies in Cases of Failure of Condition or Material Breach---A Brief Retrospect	983	(3)
PART FIVE: RIGHTS AND DUTIES OF THIRD PARTIES
Third Party Beneficiaries	986	(25)
Third Party Beneficiaries and the Role of Lawyers	986	(1)
Intended v. Incidental Beneficiaries	986	(20)
Defenses	1006	(4)
Retrospect on Third-Party-Beneficiary Theory	1010	(1)
Assignment and Delegation	1011	(1)
Assignment, Delegation, and the Role of Lawyers	1011	(1)
The Power to Assign Rights---Nature and Limits	1011	(9)
Availability of Defenses and Claims of the Obligor Against the Assignee	1020	(7)
Delegation of Duties	1027	(10)
Novation	1037
Appendices
A. Judicial Reasons	1	(1)
B. Historical Background of Consideration and Related Doctrines	1	(1)
C. The Restatement Idea---Some Skepticism	1	(1)
Index	1